Court Upholds Denial of Bail for Mufumbiro

KAMPALA — The Kanyanya Chief Magistrate, Doreen Ainembabazi, has dismissed an application by National Unity Platform (NUP) deputy spokesperson Alex Mufumbiro and his co-accused seeking a review of an earlier ruling that denied them bail.

In a ruling delivered on Friday, Ainembabazi upheld the decision of Grade One Magistrate Damalie Agumasimwe, who had declined to release the accused on bail after finding that they could interfere with prosecution witnesses, ongoing investigations and the electoral process if released.

The applicants had argued that the trial magistrate had wrongly exercised her discretion in refusing to grant them bail and asked the Chief Magistrate's Court to review that decision.

However, Ainembabazi ruled that the Chief Magistrate's Court has no jurisdiction to review a bail decision made by another magistrate, holding that the proper legal remedy for an aggrieved party is to appeal to the High Court.

She further found that Magistrate Agumasimwe had properly exercised her discretion after determining that the applicants had failed to present credible sureties and that some of the documents supporting their bail application were inadequate.

The Chief Magistrate said the trial court had also considered all the arguments advanced by the defence, including the claim that the accused had spent the statutory six months on remand.

She maintained that the grant or refusal of bail remains a matter of judicial discretion and noted that the prosecution had persuaded the court that releasing the accused could jeopardise investigations, interfere with witnesses and disrupt the electoral process.

She consequently dismissed the application for review.

Following the ruling, defence lawyers applied for certified copies of the proceedings and ruling to facilitate an appeal before the High Court.

The case took another twist when the prosecution informed the court that 13 of the accused persons had expressed interest in entering plea bargain negotiations with the state.

However, defence lawyers objected, arguing that the prosecution had previously informed the court that the case file had already been called for by the High Court, making it unclear how plea bargain proceedings could proceed before the magistrates' court.

Chief Magistrate Ainembabazi directed the prosecution to first comply with the legal procedures governing plea bargain negotiations before the court could consider any such applications.

Speaking after the ruling, defence lawyer Samuel Muyizzi said the legal team would challenge the decision before the High Court.

"We respectfully disagree with the decision. The Chief Magistrate has acknowledged that an appeal lies before the High Court, and that is the avenue we are pursuing. We remain confident that the High Court will independently consider the merits of our clients' application and grant them the relief they deserve," Muyizzi said.

He also criticised the ruling for affirming the trial magistrate's decision despite what he described as changed circumstances since the initial bail hearing.

Mufumbiro and his co-accused are facing charges related to alleged unlawful military drills, accusations they have denied. Their appeal against the refusal to grant bail is now pending before the High Court.

Background

Mufumbiro, who serves as NUP's deputy spokesperson, was arrested together with several party supporters and charged in connection with alleged unlawful military training.

They have remained on remand for more than six months after their initial bail application was rejected by the trial court.

The latest ruling means the accused must now seek relief from the High Court, which has supervisory jurisdiction over decisions of the magistrates' courts.